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2020 Supreme(Online)(DEL) 2444

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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 5th August, 2020 Date of decision: 7th August, 2020 + W.P.(C) 3946/2020 ANUPAM & ORS. ..... Petitioners Through: Mr. Akash Sinha, Mr. Shubham Saket Mr. Indrajeet Singh and Mr. Gaurav Prakash Shah, Advocates.

Mr. Shivankar Sharma, Advocate for Intervenors.

versus UNIVERSITY OF DELHI THROUGH ITS REGISTRAR & ORS. ..... Respondents Through: Mr. Sachin Datta, Senior Advocate with Mr. Mohinder Rupal and Mr. Hardik Rupal, Advocates for University of Delhi.

Mr. Tushar Mehta, ld. Solicitor General with Mr. Apoorv Kurup, Ms. Nidhi Mittal and Mr. Siddarth Nigotia, Advocates for R-2/UGC.

Ms. Sunieta Ojha, Advocate for R-

3/UOI.

CORAM:

JUSTICE PRATHIBA M. SINGH

JUDGMENT

Prathiba M. Singh, J.

1. This hearing has been held through video-conferencing.

CM Appl. No. 14172/2020 (for impleadment)

2. Advance copy of this application has been served upon the ld. Counsels for the Respondents. The proposed applicants are pursuing their B.A. Psychology (Hons) from Lady Shriram College (`LSR’) affiliated to the University of Delhi. They are similarly placed to the Petitioners as they are in their final year and are aggrieved by the impugned online OBE. The proposed applicants are impleaded as Respondents 4-8 in the present writ petition.

3. List on 22nd September, 2020.

CM Appl. No. 14163/2020 (for exemption)

4. Allowed, subject to all just exceptions. Application is disposed of.

CM Appl. Nos. 14164-65/2020 (for exemptions)

5. These are applications seeking exemption from filing court fee and duly attested affidavits. Binding the deponents of the affidavits to the contents of the applications, exemption is granted. Insofar as court fee is concerned, the deposit of court fees with the concerned authority would be made within one week. The physical court fee stamp would be deposited within 72 hours from the resumption of the regular functioning of the Court.

Applications are disposed of.

I.A. No. /2020 (to be numbered)

6. This application has been moved on behalf of the Petitioners seeking to place on record the examination method adopted by Banaras Hindu University for conduct of its final-year examinations.

7. Mr. Kurup, ld. counsel has denied the averments in the application and relied upon letter dated 5th August, 2020 sent by Banaras Hindu University to the University Grants Commission.

8. Both the University of Delhi and the University Grants Commission are permitted to file their reply to this application within two weeks. Let the letter dated 5th August, 2020 be filed by the University Grants Commission along with its reply. Rejoinder thereto, if any, be filed within two weeks thereafter.

9. List on 22nd September, 2020.

W.P.(C) 3946/2020 Brief Background

10. The present writ petition is preferred by final year students of different departments and courses of University of Delhi (hereinafter, “‘DU”) challenging the conduct of remote/online open book examinations (hereinafter, “OBE”) for final year/term/semester under graduate and post graduate students, including students of the School of Open Learning (hereinafter, “SOL”) and Non-Collegiate Women Education Board (hereinafter, “NCWEB”). The Petition impugns the online OBE which DU is to conduct for the final year/semester students of all courses. An application for impleadment being CM. No. 14172/2020 has also been filed by the final year students studying at Lady Shriram College for Women (hereinafter, “LSR”) raising objections to the conduct of OBE examinations and the shortcomings in the same.

11. The petition was first listed on 6th July, 2020 on which date submissions were made on behalf of the Petitioners as to the difficulties being faced by students in giving the online OBE including technical glitches, crashing of portal, non-availability of internet, computer facilities, scanners for all students etc., The University Grants Commission (hereinafter, “UGC”) had, on the said date, informed the Court that an Expert Committee headed by Professor R. C. Kuhad, which had originally submitted a report was to submit its final report shortly. Accordingly, after recording the various submissions of the parties, including DU, the following directions were issued:

“22. The UGC, which is an overarching body for all the universities, ought to in fact take a decision and give its recommendations to all the Universities across the country. UGC is a party in the present petition and it is admittedly considering the issues relating to final year examinations. Thus, there should be no further delay in the UGC’s Committee submitting its report and the advisory from the UGC/ Ministry of HRD, being issued to Universities in respect of conduct of final year examinations.

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